Terms of Use
Effective: FEBRUARY 20, 2024
Welcome, and thank you for your interest in Tanya Owens Photography (“Tanya Owens,” “we,” or “us”) and our website at https://www.tanyaowens.com (the “Site”).
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO BE BOUND BY AND ADHERE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
User Eligibility
This Website is provided by, Tanya Owens Photography (“Tanya Owens,” “we,” or “us”). This Website may be accessed from various locations both within and outside the United States of America (“USA”). Access to and use of the Website, including functionality and features and products and services available through the Website, may be inappropriate, prohibited or restricted in certain jurisdictions outside of the USA. In addition, certain functionality and features and products and services available through the Website may not be available in jurisdictions outside the USA. We make no representations or warranties that the Website is appropriate or available for use outside of the USA. If you access or use the Website from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access and use the Website.
This is a general audience website and users of all ages are welcome to browse the Website. However, if you are under the age of legal majority to form a legally binding agreement under applicable law, you should not use any of the products or services offered on the Website, download any Materials, or provide any information about yourself through the Website. The Website Privacy Policy for is posted on this Website governs the use and disclosure of personal information collected from or provided by you at the Website.
Scope of Terms of Use
These Terms of Use are a legally binding contract between you and Tanya Owens regarding your use of the Site. Please read the following terms carefully before using the Site. By using the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the Tanya Owens Privacy Policy (together, the “Terms”). If you do not agree to the Terms, then you do not have our permission to use the Site.
By visiting our site, becoming a member of the site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Trademarks
All trademarks, service marks, trade names, logos, trade dress, icons and domains names (“Marks”) located on this Website are the property of Tanya Owens, affiliates, or subsidiaries, their respective licensors, or other third parties. Other product and company names mentioned on the Website may be the Marks of third parties and such Marks may not be used, copied or reproduced without the permission of their respective owners. The following Marks are trademarks or registered trademarks licensed to Tanya Owens Photography by Tanya Owens:
TANYA OWENS PHOTOGRAPHY, WHIMSICAL PHOTOGRAPHS THAT TOUCH THE HEART; ARTFUL ATTIRE; TANYA OWENS GRAPHIC TEES; TANYA OWENS ARTFUL ATTIRE; FLOW INTO THE WHIMSY; TANYA OWENS ATHLEISURE; TANYA OWENS HOME DÉCOR; ECLECTIC LANDSCAPES; ICONIC TRAVEL; GARDENS OF LIFE; WHIMSY AT IT'S BEST; TOUCHING THE HEART; INSPIRING THE SOUL; DELIGHTING THE MIND.
Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.
Ownership
The Site is owned and operated by Tanya Owens. We or our licensors retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by Tanya Owens you may not make use of the Site, Site Content, and Marks.
Changes to the Terms
We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Changes to the Site
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Limited License
Subject to these Terms, Tanya Owens grants you a limited, revocable license to access and use the Site solely for non-commercial purposes to learn more about Tanya Owens products and services. No other use of the Site is authorized.
Restrictions and Prohibited Activities
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
Privacy Policy
Please read the Tanya Owens Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Membership
Occasionally, we may restrict access to some parts of our website to users who have registered with us. When using our website, you are responsible for maintaining the confidentiality of your account. You agree to accept responsibility for any and all activities, or actions, that occur under your account. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these terms, and that they will comply with them as well.
You are not allowed to use this website, and/or receive products and services, if doing so is prohibited in your country, or under any law or regulation applicable to you.
User Submissions
Any materials, information, suggestions, ideas, inventions, designs, know-how, concepts, techniques or other communications you transmit through or post to this Website by any means, including, without limitation, through electronic mail will be considered non-confidential and non-proprietary ("Communications").
You acknowledge you are responsible for whatever Communications you submit and you have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. We, and our designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or non-commercial purposes without acknowledgement or compensation to you or any other person sending the Communications. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Purchases
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Purchases are made and processed through a third party, who provides the online e-commerce platform that allows us to sell our products to you. The embedded shopping cart located at: https://www.tanyaowens.com/faa is owned, managed, processed and fulfilled by Fine Art America/Pixels.com, LLC, please see the terms and conditions located at: https://tanyaowens.shop/termsofuse.html
Links To Other Websites
Links to third party websites from this Website, including, without limitation, web pages operated by other Tanya Owens Photography branded shops or marketplaces, are provided solely as a convenience to you. If you use these links, you will leave this Website. We have not reviewed all of these third party sites and do not control and is not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other products or materials found there, the accuracy, performance or quality of any contents, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk. In addition, your use of such third party websites is subject to any applicable policies and terms and conditions of use, including, without limitation, the privacy policy listed on such third party site, which may contain different terms from those provided at this Website.
Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT WILL WE, TANYA OWENS OR AFFILIATE ENTITIES, THEIR RESPECTIVE SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, OR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TANYA OWENS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES)) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, SOFTWARE, FEATURES, PRODUCTS, SERVICES OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE, FEATURES, PRODUCTS, SERVICES OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicable Laws
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between you and us relating to the use of this Website. We make no representation that Materials at this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
Indemnity
You will indemnify and hold Tanya Owens Photography and its partners, service providers, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content. We and our licensors reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Monitoring
We shall have the right, but no obligation, to monitor content of the Website provided by third parties to determine compliance with these Terms of Use, any other operating rules established by us for this Website or compliance with any law, regulation or authorized government request.
Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
General
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. We may assign our rights and duties under these Terms of Use at any time without notice to you. Note: Anyone linking to this Website must comply with the Guidelines for Linking to this Website (stated above) and all applicable laws.
Contact Information
If you have questions or comments regarding this Website, please contact us using the form on the contact page of this Website.
AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.